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Maintenance re: Minors

HH51-12 : TENDAYI MUNDAWARARA vs EMELDA MUNDAWARARA
Ruled By: MAWADZE J

The plaintiff and the defendant are husband and wife respectively and they married each other in Harare on 7 March 1990 in terms of the Marriage Act [Chapter 5:11]. Prior to that, the parties had married traditionally on 21 January 1990 and the same marriage was blessed in church on ...
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HH134-12 : EVANGELIST SANDE (nee NYAMANGUNDA) vs TAKAWIRA KIZITO SANDE
Ruled By: CHITAKUNYE J

At a pre-trial conference, most of the issues were settled. The parties agreed that:(1)...,. (2)...,. (3) The defendant pays maintenance for the minor child at the rate of USD50 per month and that he buys a set of school uniform for the child twice a year;...,.(1)...,. (2)...,. (3) The defendant ...
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HH07-12 : IGNATIOUS GANYO vs MAULIDIA CHAONZA
Ruled By: CHITAKUNYE J

The plaintiff and defendant were married in terms of the Marriages Act [Chapter 5:11] on 14 January 2005 at Harare. Their marriage was blessed with one child born on 25 November 2008.On 28 June 2010, the plaintiff sued for a decree of divorce on the ground that the marriage has ...
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HH14-12 : JOEL MATONGO vs FLORA MATONGO (NEE JOE)
Ruled By: CHITAKUNYE J

The plaintiff and the defendant were joined in holy matrimony on 13 June 1997, in terms of the Marriages Act [Chapter 5:11]. The marriage still subsists. They had, however, commenced living together as husband and wife, in terms of customary law, in August 1985. Their marriage was blessed with two ...
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HH134-09 : PUWAYI CHIUTSI vs CLARA CHIUTSI
Ruled By: MUSAKWA J

In his testimony, the plaintiff confirmed that he will be responsible for the children's schooling needs and clothing....,.On maintenance for the children, the plaintiff testified that he meets all their needs with the defendant making minor contributions. He pays all school expenses, buys their groceries and clothing. He undertook to ...
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HH156-09 : FREDDY CHINYAVANHU vs LETWIN CHINYAVANHU
Ruled By: GUVAVA J

The plaintiff and the defendant are husband and wife. They married each other on 8 January 1993 in terms of the Marriage Act [Chapter 5:11]. The marriage was blessed with three children, Frank (born 6 March 1993), Margret (born 23 September 1997), and Emmanuel (born 24 June 2005). During the ...
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HB66-09 : SIPHILISIWE SIZIBA vs SOPHIE MATIMBA N.O. and QHUBEKANI MABUZA NCUBE
Ruled By: KAMOCHA J

The applicant came to this court seeking interim relief in the following terms:- “(a) The first respondent, alternatively, the Provincial Magistrate, shall forthwith ensure that the applicant's complaint filed with the Maintenance Court in terms of section 23 of the Maintenance Act is processed, and the second respondent dealt with in terms of section 23 of ...
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HH35-10 : RUTH MUSONZA (nee MTANAUKWA) vs ESHMAEL MUSONZA
Ruled By: GUVAVA J

The parties married on 13 December 1992 in terms of the Marriage Act [Chapter 5:11]. Two children were born of the marriage, Diana Musonza (born 24 March 1993) and Tafadzwa Musonza (born 24 January 2000). The parties resided at Number 3 Dunmore Avenue, Queensdale.The marriage was an unhappy one filled ...
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HH41-10 : JOHANNES NYAMAYEDENGA vs ANGELA NYAMAYEDENGA
Ruled By: MUSAKWA J

In the event that custody is granted to the defendant the plaintiff said he can provide maintenance. The defendant also stated that the plaintiff should provide maintenance in the sum of R400= for herself and the children. In the event of custody being awarded to the defendant, counsel for the plaintiff submitted that the plaintiff can ...
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Appealed
HH86-10 : PAUL SIMANGO vs MARTHA SIMANGO
Ruled By: MUSAKWA J

On maintenance, the plaintiff agreed that he would meet all the child's needs....,.On maintenance for the minor, Denis, the plaintiff agreed to pay for his school fees and to meet other needs....,.1....,. 2....,. 3....,. 4. The plaintiff shall be responsible for the payment of Dennis Tawanda Simango's school fees including ...
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HH116-10 : DEBORAH GLORIA KOUMIDES vs PAUL KOUMIDES
Ruled By: MAVANGIRA J

The plaintiff also claims maintenance for both the minor child and the major child, Elena Gloria Koumides. Besides the monthly payments of maintenance for the children she also seeks an order that the defendant continues to maintain the children as dependants on the medical and dental aid policy subscribed for them at his cost; for ...
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HH159-10 : LANGTON MAKONZA vs PEMBERAI ALICE VICTORIA MAKONZA (nee BIZABANI)
Ruled By: CHITAKUNYE J

The issue of custody and maintenance was resolved in terms of the parties' “Consent Order.” 1. ...,. 2. ...,. 3. ...,. 4. ...,. 5. The plaintiff shall pay maintenance in terms of Case No. M1219/07, provided, however, that maintenance relating to one minor child, (the subject matter of a paternity dispute, in Case No: M1219/07 that is: Tawananyasha Langton Junior Makonza), shall remain suspended ...
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HH168-10 : THOMAS TUNGAMIRAI vs LORRAINE TUNGAMIRAI
Ruled By: MUSAKWA J

It was during cross-examination that the plaintiff confirmed that they had agreed that each party provides maintenance for the minor child in the sum of US$275=. He also offered to meet half the costs of their child's creche fees....,. (a) ...,. (b) ...,. (c) ...,. (d) The plaintiff shall provide maintenance for the minor child at the rate of US$275= per month ...
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HH177-10 : PETER MUTENDA vs MEDIA MUTENDA
Ruled By: MUSAKWA J

(a) ...,. (b) ...,. (c) That the plaintiff shall pay the children's school fees and other school related expenses until the children attain the ages of eighteen years or become self-supporting whichever occurs earlier. (d) The plaintiff shall provide groceries for the minor children in terms of the Deed of Settlement dated 3 February 2009. (e) The plaintiff and the defendant ...
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HH240-10 : DOREEN SAGANDIRA vs PATRICK SAGANDIRA
Ruled By: MAVANGIRA J

MAINTENANCE During cross-examination by the defendant's legal practitioner, it was put to the plaintiff that the defendant could not afford to pay maintenance in the sum of USD200= per child per month as he does not realize sufficient income from his only source of income, being Multimillionaire Investments, as to enable him to pay the claimed ...
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HH02-13 : RUMBIDZAI SHAAMANO vs JABULANI NKOSI
Ruled By: CHITAKUNYE J

1. Maintenance - in terms of the Deed of Settlement dated 28October 2011 shall be as follows: (i) The defendant shall pay school fees, levies and transport and shall further buy uniforms for the minor children; (ii) The plaintiff shall pay the medical bills, buy groceries, pay the housemaid and shall do any other duties of ...
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HH04-13 : JACKSON CHIKONYE vs ANNAH CHIKONYE
Ruled By: GUVAVA J

The maintenance of the minor children would be governed in terms of a maintenance order issued by the Maintenance Court….,. 1. …,. 2. …,. 3. …,. 4. The plaintiff shall pay maintenance in the sum of US$75= per month per child until they turn eighteen (18) or become self-sufficient whichever occurs first.
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HH22-11 : SHEPHERD MASAWI vs MARGRET MASAWI
Ruled By: GUVAVA J

The defendant claimed maintenance for the minor child in the sum of 250 pounds per month per child. The plaintiff had offered an amount up to US$3,000 per month for the two minor children. The defendant, however, cannot be awarded more than what she has claimed in her summons. The ...
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HH23-11 : SAMUEL SARUDZAI KANOYANGWA vs WINFREDER KANOYANGWA (NEE CHARLIE)
Ruled By: CHITAKUNYE J

Though in their pleadings neither of them had claimed for maintenance in the event of being granted custody, the question of maintenance was raised as an issue when the parties testified. The plaintiff claimed maintenance for the child from the defendant in the sum of one hundred United States dollars per month whilst the defendant ...
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HH24-11 : NOBUHLE MUPUDZI vs RUEBEN MUPUDZI
Ruled By: CHITAKUNYE J

The plaintiff also claimed for maintenance in the event that she is granted custody of the children. Maintenance The plaintiff's claim was to the effect that in the event she is granted custody of the children she would want the maintenance arrangement to continue as it currently is. Currently, the arrangement is that the defendant has been ...
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HH28-11 : BRIGHTON MURISA vs CATHERINE MURISA
Ruled By: GUVAVA J

The plaintiff also undertook to pay the minor child's school fees and all school requirements until she attains the age of majority. This proposition was acceptable to the defendant….,. 1. ….,. 2. …,. 3. …,. 4. The plaintiff shall pay the full school account for the minor child including school fees, uniforms, groceries and pocket money until she attains the age of ...
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HH61-11 : COLLIN SYDNEY DICKS vs AVERIL CAROL DICKS
Ruled By: CHITAKUNYE J

1. …,.2. …,.3. …,.4. …,.5. …,.6. …,.7. …,.8. …,.9. The defendant shall be responsible for the costs of maintenance for Shane on the occasions when Shane might reside with the defendant in Zimbabwe, it being recorded that the plaintiff has been and shall continue to be solely responsible for the maintenance and education of Shane who, it is recorded, is enrolled at school ...
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HH65-13 : REGGIENALD TANGIRAI vs THERESA HAZVINEYI TANGIRAI
Ruled By: GUVAVA J

The plaintiff stated that in the event that custody is awarded to the defendant he offers an amount of US$30= per month per child in addition to paying all their school-related expenses. With regards to the children, the defendant broke down their requirements as follows:$150= for rent, $40= for electricity and water, $20= for airtime, $150= for ...
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HH78-11 : PETER MUCHIRAHONDO vs BARBRA MUCHIRAHONDO (nee TIVENGA)
Ruled By: CHITAKUNYE J

The plaintiff offered to provide Medical Aid, all school fees and levies for the minor child in addition to providing clothes and food for the child….,. 1. …,. 2. …,. 3. The plaintiff shall pay and provide for the minor child's Medical Aid, all school fees, school levies, food and clothing needs until such time as the child attains ...
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HH100-11 : FANNY CHIOPOFYA (Nee Nkwazi) vs MESSIAH CHIPOFYA
Ruled By: MAWADZE J

The plaintiff claims US$50= per child per month as contributory maintenance. In addition to that she would require the defendant to pay school fees for the children, buy clothes and provide for other ancillary needs for the children. The defendant indicated that he earns US$267= and would be unable to pay US$100= per month as contributory ...
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HH176-11 : BEKITEMBA LENKOSI DUBE vs LIZZY DUBE nee SOKO
Ruled By: MAWADZE J

As regards maintenance for the minor children, the plaintiff has indicated his willingness to pay all school fees and other requirements for the children. I have already dealt with the respective means of both parties. As already discussed, the defendant would have to find alternative accommodation for herself and the children. I believe the plaintiff should ...
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HH365-13 : LYDIA MAURO (NEE) NYAMBO vs REGIS MAURO
Ruled By: UCHENA J

1. …,. 2. ….,. 3. …,. 4. (i) The defendant shall pay the sum of US$125= (One hundred and Twenty five United States Dollars) per child per month as maintenance. (ii) Each party shall contribute 50% towards the school fees, levies and other charges related to tuition outside the school curriculum for the minor children. (iii) The defendant shall buy all school uniforms in ...
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HB19-11 : LERATO NYANDORO vs NEWTON T. NYANDORO
Ruled By: NDOU J

As regards the claim for maintenance…., the plaintiff claims a lump sum equivalent to 15% of the defendant's half share of the proceeds from the sale of the matrimonial house. In terms of section 7(1)(b) of the Matrimonial Causes Act [Chapter 5:13], a party may apply to the court for an order regarding payment of maintenance ...
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HH35-15 : TENDAI PANGETI vs CHRISTINA NYAGUMBO
Ruled By: CHITAKUNYE J

The last issue pertains to maintenance. From the evidence adduced in court, both parties appear to have fallen on hard times. The shops that the parties were operating after leaving formal employment appear to have been adversely affected by the harsh economic realities obtaining in the country. The plaintiff's evidence was to the effect that ...
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HH44-15 : NYARAI NYAMBUYA (NEE BAKASA) vs HURBERT FUNGAI NYAMBUYA
Ruled By: CHITAKUNYE J

4. What maintenance must defendant pay for the two minor children in plaintiff's custody and plaintiff? The plaintiff's claim, as per summons and declaration, was for $3,000= for the maintenance of the three minor children per month and school fees for the three children as and when required by the school until the last child attains the ...
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HH150-15 : SHINGIRAI PHILIP KATSANDE vs ANGELINE KATSANDE (nee NYAHWEMA)
Ruled By: CHITAKUNYE J

The plaintiff…, sought an order…,.:- 1….,. 2…..,. 3. That issues of maintenance be dealt with by the Magistrate Court; The defendant…,. contended that…, maintenance be determined by this court….,. In terms of section 7(1) of the Matrimonial Causes Act [Chapter 5:13], in granting a decree of divorce, this court is empowered to make an order in regard to the division, apportionment or distribution ...
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HH118-09 : THERESA CHIGONDE vs WILLIAM CHIGONDE
Ruled By: MAVANGIRA J

The parties agreed that the defendant was to pay maintenance for the minor children by making equal contribution with the plaintiff to all school fees and educational expenses. The defendant would also buy casual clothing for the children at least twice a year....,.1....,. 2....,. 3....,. 4. The parties shall contribute ...
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HB65-09 : ELPHAS MAPHISA vs NHLANHLA MAPHISA
Ruled By: KAMOCHA J

Both parties were legally represented during the pleadings, but, by the time the matter came for trial their respective legal representatives had filed notices of renounciation of agency making the parties self actors when the matter came for trial.The parties attended a pre-trial conference on 11 May 2008 whereat issues ...
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HH31-08 : G vs G
Ruled By: MAKARAU JP

The defendant prayed for maintenance for herself and the minor children....,.Regarding the maintenance of the minor children, the parties have agreed as between them, that, the contribution of the plaintiff be in kind and that he provides at least 60% of the monthly needs of the children. I will not ...
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HB29-15 : JOYCE MAKUMBE vs ANDRISON MUNZVENGA
Ruled By: MUTEMA J and MOYO J

The father of the minor child has a legal duty to provide for the upkeep of the minor child.
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